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State of Bihar - Section

Section 69 in The Bihar Municipal Act, 2007

69. Power of State Government to dissolve Municipality.

(1)If, in the opinion of the State Government, the Municipality has shown its incompetence, or has persistently made default, in the performance of the duties, or in the exercise of the functions, imposed on it by or under this Act or any other law for the time being in force, or has exceeded or abused its powers, or is unable to function under the provisions of this Act, the State Government may, subject to the provisions of subsection (2), by an order published in the Official Gazette, and stating the reasons therefore, declare the Municipality to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and dissolve it for such period, not exceeding six months, and with effect from such date, as may be specified in the order.
(2)
(a)Before making any order under sub-section (1) a notice shall be given by the State Government to the Municipality calling upon it to submit representation, If any, against the proposed order within such period as may be specified in the notice.
(b)On receipt of such representation, if any, the State Government shall constitute a committee consisting of five persons nominated by the State Government, of whom-
(i)one shall be a member of the State Higher Judicial Service who shall be the Chairperson of the committee,
(ii)one shall be the Chief Councillor of any other Municipality of the same class,
(iii)one shall be a Chartered Accountant or a person having experience in financial matters,
(iv)one shall be an Engineer, and
(v)one shall be an officer of the State Government, not below the rank of a Sub-divisional Officer, and shall forward the representation to the committee for its consideration and report within such time as the State Government may specify.
(c)The State Government shall, on receipt of the report from the committee, consider the representation:
Provided that notwithstanding anything contained in sub-section (1), no order of dissolution of the Municipality shall be made without giving the Municipality an opportunity of being heard.